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My brother in law was arrested and on the charges it says for DEL/MAN CS-4-200G-PG1. can someone please explain what it means.

Fort Worth, TX |

all i know is that his bail bond is set for 25,000. please help need to know that to do my sister is expecting a baby.

Attorney Answers 2

Posted

Del/Man = Manufactures, delivers, or possess with an intent to deliver
CS= Controlled Substance
PG 1= Penalty Group 1 (see Texas Health and Safety Code 481.102)
4-200= 4-200 grams

This appears to be a first degree felony offense. Your brother in law needs a local experienced criminal defense lawyer ASAP. Do NOT discuss the case with him over the phone, jails can and do record those calls.

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Posted

Manufacturing-Delivery of Controlled Substance, Penalty Group 1, Over 4 Grams, Under 200 Grams. A felony.

Under Texas Health & Safety Code Section 481.112(a), a person commits the offense of manufacture or delivery of cocaine if he "knowingly manufactures, delivers, or possesses with intent to deliver" it. Under Section 481.002(8), the word "'deliver' means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship." Furthermore, "[t]he term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia." Under Section 481.002(9), "delivery" or "drug transaction" means the act of delivering.

Thus, there are at least five ways to commit an offense under Section 481.112: through knowing 1) manufacture; 2) an offer to sell; or 3) possession with intent to deliver; or through knowing delivery by 4) actual transfer; or 5) constructive transfer. (13) All of these methods are points along a continuum in the line of drug distribution, from its original manufacture until its physical delivery to the ultimate consumer. Thus, no matter where the actor and his individual baggie, brick, or rock of cocaine is apprehended along that continuum, the actor may be prosecuted under Section 481.112.

See http://law.onecle.com/texas/health/481.112.00.html for the full statute.

Your brother-in-law needs a good criminal attorney.

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